Section 336.485 - Concussions; training of coaches; participation by athletes; medical release from qualified health care professional; rules.

OR Rev Stat § 336.485 (2019) (N/A)
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(a) "Coach" means a person who instructs or trains members of a school athletic team, as identified by criteria established by the State Board of Education by rule.

(b) "Qualified health care professional" means:

(A) A physician licensed pursuant to ORS 677.100 to 677.228; or

(B) A health care professional who meets the requirements described in ORS 336.490 to provide a medical release for a member of a school athletic team who is suspected of having a concussion.

(2)(a) Each school district shall ensure that coaches receive annual training to learn how to recognize the symptoms of a concussion and how to seek proper medical treatment for a person who is suspected of having a concussion.

(b) The board shall establish by rule:

(A) The requirements of the training described in paragraph (a) of this subsection, which shall be provided by using community resources to the extent practicable; and

(B) Timelines to ensure that, to the extent practicable, every coach receives the training described in paragraph (a) of this subsection before the beginning of the season for the school athletic team.

(3) Except as provided in subsection (4) of this section:

(a) A coach may not allow a member of a school athletic team to participate in any athletic event or training on the same day that the member:

(A) Exhibits signs, symptoms or behaviors consistent with a concussion following an observed or suspected blow to the head or body; or

(B) Has been diagnosed with a concussion.

(b) A coach may allow a member of a school athletic team who is prohibited from participating in an athletic event or training, as described in paragraph (a) of this subsection, to participate in an athletic event or training no sooner than the day after the member experienced a blow to the head or body and only after the member:

(A) No longer exhibits signs, symptoms or behaviors consistent with a concussion; and

(B) Receives a medical release from a qualified health care professional.

(4) A coach may allow a member of a school athletic team to participate in any athletic event or training at any time after an athletic trainer licensed by the Board of Athletic Trainers, or a physician licensed pursuant to ORS 677.100 to 677.228, determines that the member has not suffered a concussion. The athletic trainer or physician may, but is not required to, consult with a qualified health care professional in making the determination that the member of a school athletic team has not suffered a concussion. [2009 c.661 §1; 2015 c.392 §1; 2017 c.409 §8; 2018 c.121 §1; 2019 c.358 §§2,3; 2019 c.378 §§8,9]

Note: The amendments to 336.485 by section 3, chapter 358, Oregon Laws 2019, become operative July 1, 2020. See section 4, chapter 121, Oregon Laws 2018, as amended by section 50, chapter 358, Oregon Laws 2019. The text that is operative until July 1, 2020, including amendments by section 1, chapter 121, Oregon Laws 2018, section 2, chapter 358, Oregon Laws 2019, and sections 8 and 9, chapter 378, Oregon Laws 2019, is set forth for the user’s convenience. (1) As used in this section:

(a) "Coach" means a person who instructs or trains members on a school athletic team, as identified by criteria established by the State Board of Education by rule.

(b) "Health care professional" means a physician licensed under ORS 677.100 to 677.228, psychologist, physician assistant or nurse practitioner licensed under the laws of this state.

(2)(a) Each school district shall ensure that coaches receive annual training to learn how to recognize the symptoms of a concussion and how to seek proper medical treatment for a person suspected of having a concussion.

(b) The board shall establish by rule:

(A) The requirements of the training described in paragraph (a) of this subsection, which shall be provided by using community resources to the extent practicable; and

(B) Timelines to ensure that, to the extent practicable, every coach receives the training described in paragraph (a) of this subsection before the beginning of the season for the school athletic team.

(3) Except as provided in subsection (4) of this section:

(a) A coach may not allow a member of a school athletic team to participate in any athletic event or training on the same day that the member:

(A) Exhibits signs, symptoms or behaviors consistent with a concussion following an observed or suspected blow to the head or body; or

(B) Has been diagnosed with a concussion.

(b) A coach may allow a member of a school athletic team who is prohibited from participating in an athletic event or training, as described in paragraph (a) of this subsection, to participate in an athletic event or training no sooner than the day after the member experienced a blow to the head or body and only after the member:

(A) No longer exhibits signs, symptoms or behaviors consistent with a concussion; and

(B) Receives a medical release form from a health care professional.

(4) A coach may allow a member of a school athletic team to participate in any athletic event or training at any time after an athletic trainer licensed by the Board of Athletic Trainers determines that the member has not suffered a concussion. The athletic trainer may, but is not required to, consult with a health care professional in making the determination that the member has not suffered a concussion.

Note: Section 4, chapter 121, Oregon Laws 2018, provides:

Sec. 4. (1) Section 3, chapter 121, Oregon Laws 2018 [336.490], and the amendments to ORS 336.485 and 417.875 by sections 3 and 10 of this 2019 Act, become operative on July 1, 2020.

(2) Oregon Health and Science University may take any action before the operative date specified in subsection (1) of this section that is necessary to enable the university, on and after the operative date specified in subsection (1) of this section, to exercise all of the duties, functions and powers conferred on the university by section 3, chapter 121, Oregon Laws 2018.

(3) Notwithstanding the operative date specified in subsection (1) of this section, a psychologist, a physician assistant or a nurse practitioner licensed under the laws of this state may provide a medical release for a person to participate in an athletic event or training as provided by ORS 336.485 or 417.875 without a certificate issued under section 3, chapter 121, Oregon Laws 2018, if the medical release is provided prior to July 1, 2021.

[2018 c.121 §4; 2019 c.358 §50]